New York Court Affirmed Trial Court’s Denial of Plaintiff’s Motion for Summary Judgment and Held That a Party Should Be Afforded a Reasonable Opportunity to Conduct Discovery Prior to Determination of Motion for Summary Judgment

September 8, 2023

Cruz v. Fanoush 183 N.Y.S.3d 320 (Mem), (N.Y. App. Div. 2d Dept. 2023) – The plaintiff commenced a personal injury action following a motor vehicle accident. The plaintiff moved for summary judgment on the issues of liability and whether he sustained a serious injury within the meaning of Insurance Law § 5102(d) as a result of the accident. The trial court denied the plaintiff’s motion….
By: Marshall Dennehey

New York Court Affirmed Trial Court’s Denial of Plaintiff’s Motion for Summary Judgment and Held That a Party Should Be Afforded a Reasonable Opportunity to Conduct Discovery Prior to Determination of Motion for Summary Judgment

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